The Collegium, in a resolution on September 5 but published on September 20, led by Chief Justice Ranjan Gogoi has recommended to the Centre to appoint Justice Kureshi to the Tripura High Court. Though, the Collegium has not disclosed any specific reason for the modification of its earlier resolution.
"On reconsideration and after taking into account the aforesaid two communications dated August 23 and August 27, and the accompanying material, the Collegium resolves to reiterate its earlier recommendation dated May 10, with the modification that Justice A A Kureshi be appointed as Chief Justice of the Tripura High Court", said the resolution, which apparently blankly modified its earlier recommendation in connection with the judge concerned.
A public furore had emerged after the Collegium recommended the transfer of Madras High Court Chief Justice, V.K. Tahilramani, to the Meghalaya High Court, and the apex court had to come out with a statement that the transfer was based on valid grounds, and these reasons could be disclosed, if at all a situation arrives where it is deemed necessary.
The current resolution of the Collegium has come close on the heels of a hearing, a write petition filed by Gujarat High Court advocates on the matter, by three-judge bench headed by Chief Justice Ranjan Gogoi slated on September 23. The advocates emphasize on the unnecessary delay in deciding matter concerned with Justice Kureshi.
The Chief Justice, while holding a hearing on September 16 on the petition told the court that the Collegium had taken a decision on Justice Kureshi and it will soon be published on the apex court's website. The Gujarat lawyers' association had made critical submissions in the court regarding inordinate delay from the Centre in deciding the fate of Justice Kureshi.
Representing the lawyers' association, senior advocate Fali Nariman told the court that the government had deliberately delayed its response on a recommendation made by the Collegium on May 10. The lawyers' association alleged that Justice Kureshi's elevation was singled out and put under uncertainty, while the other judges facing the similar scenario, who were recommended along with him, did not face any difficulty.
( With inputs from IANS )